1. The defendant shall pay 62,428,571 won to each of the plaintiffs and 15% per annum from January 5, 2016 to the day of complete payment.

Basic Facts

On September 13, 2014, the deceased G (hereinafter referred to as “the deceased”) designated as his/her agent the Defendant, who is his/her father, and sold H and I for KRW 820,00,000, J apartment 2, Dong 102 (hereinafter referred to as “instant J apartment”) owned by H and I for KRW 102,00,00, and received full payment of the purchase price on October 1, 2014.

At the same time, on October 1, 2014, the Deceased entered into a lease agreement with H and I as the purchaser on the instant J apartment (from October 1, 2014 to December 15, 2014) and paid KRW 370,000,000 for the deposit money.

On December 15, 2014, the Deceased received the above KRW 370,000,000 from the Defendant on December 15, 2014.

On the other hand, the Defendant decided to purchase L 301 Dong 1203 (hereinafter “instant L Apartment”) between K and K on September 16, 2014, at KRW 437,000 (the contract amount of KRW 40,000,000 shall be the date of the contract, the intermediate payment of KRW 200,000,000 shall be paid until October 21, 2014; the remainder of KRW 197,00,000 shall be paid until January 18, 2015); and the registration of ownership transfer shall be completed under the Defendant’s name on January 19, 2015.

The Deceased died on December 4, 2015.

As the inheritor of the deceased, M, the plaintiffs and the defendant respectively have one-seven legal shares of inheritance.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3 and Eul evidence Nos. 1, 3 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings, surrounding the plaintiffs' assertion of the purport of the whole pleadings, the deceased's purchase of the instant L Apartment, and all the contract and registration names as the defendant constitutes a contract title trust.

The above contract title trust agreement was made after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and the defendant fully acquired the ownership of the above L apartment, but the title truster, the title truster, shall be deemed to have been the defendant, the title trustee, according to the invalidity of the title trust